HomeMy WebLinkAboutCity Council-Minutes-08/20/2019
City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, August 20, 2019
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of the Roberts Road Rehabilitation Project
WS-2 Discussion of the 2019 Citizen Survey
WS-3 Discussion of the August 20, 2019, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
• Acquisition of real property along Main Street
• Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda August 20, 2019
City of Colleyville Page 2
INVOCATION: Pastor Kyle Bauman, Bear Valley Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4410
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of the donation made to the Colleyville Fire Department by
Dustin and Jessie James - Chief Mark Cantrell and Mayor Richard Newton
In recognition of the Featured Business of the Month - Mother Clucker,
7171 Colleyville Boulevard, Suite 109, David Oun, owner, with Mayor
Richard Newton and Assistant City Manager Adrienne Lothery
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4411
4a Approval of the minutes of the regular City Council meeting of July 16,
2019
4b Approval of the minutes of the regular City Council meeting of August
6, 2019
4c Approval of an amendment to the Professional Services Agreement
with Freese and Nichols, Inc., amending the design parameters to
include the upsizing of an existing waterline from Colleyville Boulevard
to Steeplechase Drive, in an amount not to exceed $105,909, and
authorizing the City Manager to execute the amendment
4d Approval of a Professional Services Agreement with Dannenbaum
Engineering Corporation - Fort Worth, LLC, in an amount not to exceed
$68,440, for the design of the L.D. Lockett Road at Precinct Line Road
Right Turn Lane Addition Project, and authorizing the City Manager to
execute the agreement
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - July 31, 2019
5b Quarterly Performance Management Report
City Council Agenda August 20, 2019
City of Colleyville Page 3
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-19-2088
Consideration of amendments to the Land Development Code,
specifically: Chapter 3, Section 3.7 – Non-conforming Uses, Lots and
Building, Subsection B – Non-conforming Lots of Record; Chapter 3,
Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of
District Regulations; Chapter 3, Section 3.28 – Supplementary District
Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G –
Building Lines
6b Ordinance O-19-2089
Consideration of amendments to the Land Development Code,
specifically Chapter 3, Section 3.26 – Fences, Free Standing Walls, and
Screening Materials, Subsection E – Fence and Free Standing Wall
Setback Requirements
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-19-2086
Consideration of a zoning change from the AG Agricultural zoning
district to the R-40 Single Family Residential zoning district on a
portion of Lot 1R-2, Block 1, of the Mockingbird Hill Addition, located at
6260 Pool Road, Case ZC19-006
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-19-4412
Consideration of a resolution supporting a change to the procedure for
voting for candidates to serve on the Tarrant Appraisal District Board
of Directors
9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
9a Resolution R-19-4402
Request for a variance to certain provisions of Section 3.24.G,
Schedule of District Regulations on Lot 1R2, Block 1, of the
Mockingbird Hill Addition, located at 6260 Pool Road, Case VC19-001
10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
City Council Agenda August 20, 2019
City of Colleyville Page 4
11. REPORTS
Library Board Minutes - June 10, 2019
12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST
20, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-
4413
13. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, August
16, 2019 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, August 20, 2019 City Council Chambers
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, August 20, 2019, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community
Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks
and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer,
City Attorney Whitt Wyatt, and City Secretary Christine Loven
WS-1 Discussion of the Roberts Road Rehabilitation Project
Director of Public Works Ray Silva-Reyes presented this item. The project would
provide for full reconstruction and minimal widening of Roberts Road from Glade
Road, going north to the Colleyville city limit, curb and gutter along the entire east
portion of the roadway and some areas along the west portion, and a right turn
lane on Roberts Road feeding westbound onto Glade Road.
Director Silva-Reyes stated the project does not address softening the curve on
Roberts Road which is currently designated at 25 mph. Additionally, there is an
opportunity for an interlocal agreement with the City of Grapevine to incorporate
an emergency interconnect water meter. Director Silva-Reyes stated if the City
enters into the ILA, the two-lane undivided roadway construction would continue
into the City of Grapevine limits, south of the Heritage Cove intersection.
There was general discussion regarding the road being constructed with one half
concrete and one half asphalt, parking on Roberts Road, and the normal width of a
subdivision street.
City Council directed staff to use concrete, keep the curve at 25 mph, move
forward with an ILA with Grapevine, and to review the Glade Road traffic study and
report back to City Council regarding the turn lane on Glade Road.
WS-2 Discussion of the 2019 Citizen Survey
Assistant City Manager Adrienne Lothery presented this item, noting if the City
Council moves forward, the proposed timeline would provide for the final results to
be submitted and presented to City Council by the end of the year.
City Council Minutes August 20, 2019
City of Colleyville Page 2
The City Council did not complete the review of the survey and will continue
discussion at the next worksession.
WS-3 Discussion of the August 20, 2019, City Council regular agenda items
Mayor Newton stated he will plan to move agenda items 7a and 9a up on the
agenda for consideration immediately following the consent resolution items. He
distributed a copy of Resolution R-19-4412, noting there was a change in wording
made.
Mayor Newton adjourned the worksession at 6:32 p.m.
Mayor Newton called the Executive Session to order at 6:40 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley,
and Callie Rigney.
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
• Acquisition of real property along Main Street
• Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate the
offer of a financial or other incentive to a business prospect
Mayor Newton explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, and Section 551.087, Economic Development. He
further explained there would be no decisions made or action taken during this
time. Executive Session was adjourned at 7:15 p.m.
City Council Minutes August 20, 2019
City of Colleyville Page 3
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:33 p.m.
INVOCATION: Pastor Kyle Bauman, Bear Valley Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND
TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN
EXECUTIVE SESSION - RESOLUTION R-19-4410
Mayor Newton read Resolution R-19-4410 in its entirety.
Assistant City Manager Adrienne Lothery stated the proposed grants are for
property improvements to the exterior of Kwik Kar, and interior space renovations
to a leased space for reestablishment of Ruggeri’s Restaurant.
Mayor Newton opened the public hearing at 7:39 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:40 p.m.
Councilmember Nakamura made a motion to approve Resolution R-19-
4410, Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton and the City Council made the following announcements:
Condolences - On behalf of the City Council and City staff, we extend our
condolences to the family and friends of “Smokey” Vanover, who passed August
12, 2019. Smokey leaves behind a legacy of service, having a long career in law
enforcement, Smokey retired from the Tarrant County District Attorney’s Office as
a Criminal Investigator, he served on the Colleyville City Council from 1977-1983
and was Mayor Pro Tem from 1979-1983, he also served many City of Colleyville
Committees to include the Ethics Commission, Bond Issue Committee, and the
panel to hire a police chief. He took great pleasure in helping kids and serving his
community with active involvement in the Colleyville Lions Club and won many
City Council Minutes August 20, 2019
City of Colleyville Page 4
awards. He was also a Master Mason, Dallas Scottish Rite and member of the
Provost Unit Moslah Shrine in Fort Worth. Our community is better for Smokey’s
unselfish contributions.
Fire Department CPR save: On August 8th at approximately 5:00 p.m. Medic 241
and Squad 24 responded to a cardiac arrest. Upon arrival they found a 71 year old
male unresponsive. The crew immediately began life saving interventions including
CPR and cardiac drug administration. After the resuscitation, Medic 241 transported
the patient to Baylor Scott and White in Grapevine. The patient has been released
and doing well at home. Special thank you to Colleyville Firefighters Braden Fargo,
Robert Creamier, Engineer Dustin Wynn, Martin Mendoza, Bryan Wooten and
Captain Jeremy Lewis. This is the 7th CPR save over the last 12 months.
ISO Rating Reduced from 4 to 2 (It’s a Good Thing): A big congratulations is
due for the work of our staff to reduce the City’s ISO rating from 4 to 2. The
Insurance Services Office (ISO) of the State Fire Marshal evaluates the
preparedness of a community to respond to fire emergencies. This evaluation
process looks at the staffing, equipment, training, water supply and local
regulations to rate the “Public Protection Class” of the city. The lower the score, the
better the city is deemed able to handle fire emergencies. Mark Wood and Chief
Cantrell stepped up to take on this rating process – one that had not been
undertaken for decades. This rating is shared with the insurance industry and may
result in premium savings for our local property owners. The new rating will take
effect January 1, 2020.
Fire Department Offering CPR Training: The Colleyville Fire Department will
provide hands-only CPR and AED instruction on Saturday, September 14 from 9 to
10:30 a.m. at the Central Fire Station. This training will provide the essential skills
that may save the life of someone in need of emergency services. The training is
not a certification course and will not qualify you for a CPR certificate. No
registration is necessary.
Police welcome kids back to school: For kids in GCISD, school started
yesterday (Monday). Our Colleyville Police Officers spent time visiting each school
to make sure everyone was safe and to assist with traffic flow in the area. They will
continue these visits throughout the year as part of their enhanced school safety
plan. Colleyville Police also posted back to school tips on their social media
accounts to help students and parents start the year out right.
Public Works Tackles Major Water Main Break: On Wednesday August 14th,
Public Works staff was notified of a water leak at the intersection McDonwell &
Westcoat Drive at 2:30 pm. An 8-inch water main was damaged by a Contractor
installing utilities using an underground boring process. Ten Public Works team
members worked through the night to restore water service. During this event we
were required to close the road and reroute traffic. The Police Department assisted
City Council Minutes August 20, 2019
City of Colleyville Page 5
in providing traffic control. The City is fortunate to have a dedicated crew willing to
work through the night to ensure the safety and reliability of our potable water
supply.
Bransford Road Resurfacing: Bransford resurfacing is currently underway with
construction to continue through early September. We have experienced difficulty
with one-way traffic. Public Works has added additional signage and the Police
Department has increased patrols. The cooperation and patience from our residents
is most appreciated. This project is undertaken in cooperation with Tarrant County.
Labor Day Holiday Offices Closed: The City offices and Library will be closed on
Monday, September 2nd for the Labor Day holiday. Trash will see normal collection
schedules maintained.
In recognition of the donation made to the Colleyville Fire Department
by Dustin and Jessie James - Chief Mark Cantrell and Mayor Richard
Newton
Fire Chief Mark Cantrell and Mayor Newton welcomed Dustin and Jessie James and
thanked them for the donation they made to the fire department in recognition of
the department’s efforts to save their home from extensive damage. Chief Cantrell
stated the donation was used to purchase ballistic vests and helmets for the
department. Dustin and Jessie thanked the fire department for their exceptional
service.
In recognition of the Featured Business of the Month - Mother Clucker,
7171 Colleyville Boulevard, Suite 109, David Oun, owner, with Mayor
Richard Newton and Assistant City Manager Adrienne Lothery
Mayor Richard Newton and Assistant City Manager Adrienne Lothery welcomed
David Own, owner of the Mother Clucker restaurant on Colleyville Boulevard and
recognized the business at the featured business of the month. Mr. Oun thanked
the Mayor and City Council for the recognition, encouraged everyone to dine at the
restaurant, and provided deep fried treats, a Mother Clucker menu favorite.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4411
4a Approval of the minutes of the regular City Council meeting of July 16,
2019
4b Approval of the minutes of the regular City Council meeting of August 6,
2019
4c Approval of an amendment to the Professional Services Agreement with
Freese and Nichols, Inc., amending the design parameters to include the
upsizing of an existing waterline from Colleyville Boulevard to Steeplechase
City Council Minutes August 20, 2019
City of Colleyville Page 6
Drive, in an amount not to exceed $105,909, and authorizing the City
Manager to execute the amendment
4d Approval of a Professional Services Agreement with Dannenbaum
Engineering Corporation - Fort Worth, LLC, in an amount not to exceed
$68,440, for the design of the L.D. Lockett Road at Precinct Line Road
Right Turn Lane Addition Project, and authorizing the City Manager to
execute the agreement
Mayor Newton read Resolution R-19-4411 in its entirety.
Director of Public Works Ray Silva-Reyes briefed the City Council on items 4c and
4d.
Director Silva-Reyes stated approval of the amendment to the Professional Services
Agreement with Freese and Nichols, Inc. will provide for the upsizing of the
waterline, which is part of the Water and Wastewater Master Plan, in conjunction
with the Cheek-Sparger Road Project. By combining the projects, the City will
maximize efficiency and funds.
Director Silva-Reyes stated staff recommends approval of the Professional Services
Agreement with Dannenbaum Engineering Corporation - Fort Worth, LLC. If
approved, Dannenbaum will provide the design for adding a 12 foot wide right turn
lane on L.D. Lockett Road, feeding traffic northbound on Precinct Line Road, for
approximately 315 feet. The project will include paving, signal, pedestrian, and
landscaping improvements.
Councilmember Dodson asked staff if there will be an upgrade to the waterline
along Cheek-Sparger Road. Director Silva-Reyes answered yes.
Mayor Newton opened the public hearing at 8:03 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:03 p.m.
Councilmember Dodson made a motion to approve Resolution R-19-4411,
Councilmember Wheat seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
At 8:04 p.m., Mayor Newton stated the next item to be considered will be 7a,
followed by item 9a, after which, he will return to item 5.
At 9:54 p.m. Mayor Newton returned to begin consideration of the remaining
agenda items, beginning with items 5a and 5b.
City Council Minutes August 20, 2019
City of Colleyville Page 7
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - July 31, 2019
Assistant City Manager Mark Wood reviewed the July financial report and noted this
report marks 83% of the fiscal year. He stated the City is in great financial shape.
Manager Wood stated the auditors are performing an interim audit at the City this
week and will return for completion of the annual audit in November.
Manager Wood reviewed all funds, stated the sales tax report is for 67% of the
fiscal year as the report lags by two months. He noted sales tax revenue is being
tracked and compared to 2017, there is one payment left on the debt service and
all funds are sound.
5b Quarterly Performance Management Report
Assistant City Manager Adrienne Lothery presented this item noting this is a third
quarter review and highlighted for this period are emergency responses.
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-19-2088
Consideration of amendments to the Land Development Code,
specifically: Chapter 3, Section 3.7 – Non-conforming Uses, Lots and
Building, Subsection B – Non-conforming Lots of Record; Chapter 3,
Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of
District Regulations; Chapter 3, Section 3.28 – Supplementary District
Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G – Building
Lines
Mayor Newton read the caption of Ordinance O-19-2088.
Community Development Director Ben Bryner presented this item. Director Bryner
stated following discussion at the August 6, 2019 meeting, City Council directed
staff to make some minor changes to the Schedule of District Regulations table and
to modify the language for Non-Conforming Lots of Record. He stated these
modifications have been made and are reflected in the attachments and he
reviewed each in detail.
Mayor Newton opened the public hearing at 10:22 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:22 p.m.
Councilmember Kelley made a motion to approve Ordinance O-19-2088,
Councilmember Rigney seconded the motion.
City Council Minutes August 20, 2019
City of Colleyville Page 8
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
6b Ordinance O-19-2089
Consideration of amendments to the Land Development Code, specifically
Chapter 3, Section 3.26 – Fences, Free Standing Walls, and Screening
Materials, Subsection E – Fence and Free Standing Wall Setback
Requirements
Mayor Newton read the caption of Ordinance O-19-2089.
Community Development Director Ben Bryner presented this item, noting City
Council directed changes at the first reading regarding non-conforming fences and
walls, and these changes have been made.
Mayor Newton opened the public hearing at 10:27 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:27 p.m.
Councilmember Dodson made a motion to approve Ordinance O-19-2089,
Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
Mayor Newton began consideration of item 7a at 8:06 p.m.
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-19-2086
Consideration of a zoning change from the AG Agricultural zoning district
to the R-40 Single Family Residential zoning district on a portion of Lot
1R-2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road,
Case ZC19-006
Mayor Pro Tem Lindamood made a motion to remove Ordinance O-19-2086
from the table, Councilmember Rigney seconded the motion.
The motion to remove Ordinance O-19-2086 from the table was carried by
the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
City Council Minutes August 20, 2019
City of Colleyville Page 9
Mayor Newton read the caption of Ordinance O-19-2086.
Community Development Director Ben Bryner presented this item, noting the
opposition remains at 20.61%, which will require a super majority vote. Director
Bryner stated since the July 16, 2019, meeting, the applicant has communicated
with City staff and is still agreeable with the RE zoning with variances to the side
setbacks. The proposed setbacks are 22 feet from the south property line and 15
feet from the north property line. Director Bryner stated the ordinance has been
updated to reflect the proposed setbacks.
Mayor Newton stated he wanted to clarify the progression of this item. He stated
the Hills originally came in with an R-40 zoning request, the City Council, based on
their strategy for the City and the Master Plan, preferred not to have R-40, on a
piece of property which could be divided in the future. Mayor Newton said this
Council prefers to maintain the integrity of zoning, and in this case, Residential
Estate is applicable to the acreage and will not allow for sub-dividing. Mayor
Newton asked Mr. Hill if he would agree to RE zoning and he consented with the
understanding he needed side yard variances. At the meeting of July 16, 2019,
there was opposition to the request and after hearing all parties, the item was
tabled to this meeting on August 20. Mayor Newton stated the only control the
City has regarding where an owner places a home on the property is through the
setbacks.
Mayor Newton opened the public hearing at 8:15 p.m.
Landon H. Thompson, Law Office of John Meazell, 1400 Gables Court, Plano, TX,
representing Jim and Sherry Jacobi, 6250 Pool Road, stated the Jacobi’s have
concerns regarding the proposed size and location of the house, the view from their
backyard will be to see a garage, and the 25-foot setbacks needs to be maintained
as the applicant is asking for an unnecessary exception. Mr. Thompson provided
suggested design changes which would be more agreeable to his clients.
Amy Griffith, 429 Ben Boyd Road, Argyle, spoke in opposition to this item stating
she is an arborist and Mrs. Jacobi hired her to conduct a tree survey on her
property. There are 16 mature post oaks which are protected trees, and five
Heritage Oaks along the fence line. Ms. Griffith discussed the tree canopies, root
depth, and life expectancy of the trees and stated construction will negatively
impact the trees. At the request of Councilmember Wheat, Ms. Griffith provided
her report to the City Council which has been filed with the agenda packet for
August 20, 2019.
Sherry Jacobi, 6250 Pool Road, spoke in opposition to this item, reading a prepared
statement which has been filed with the agenda packet for August 20, 2019. Mrs.
Jacobi provided a history of the ownership of the home at 6250 Pool Road,
discussed the gate between the properties at 6250 and 6260 Pool Road, stated her
City Council Minutes August 20, 2019
City of Colleyville Page 10
objections which included damage to trees, the location and size of the proposed
home at 6260 Pool Road, and the view from her property.
There were no others wishing to speak and Mayor Newton closed the public hearing
at 8:26 p.m.
Mayor Newton called on applicant Bryan Hill and asked if he understood the City
Council could only control the zoning and setbacks and asked if he wanted to make
any comments.
Mr. Hill stated he has clarified ownership of the property, replatted for a single
home and agrees the property should not be allowed to be sub-divided, had
originally came before City Council with an R-40 request and when City Council
asked for his consideration of the RE he agreed but stated it would be with the
understanding he would seek a variance to the setbacks. He stated there was a
great deal of consideration given to the design of the home and he felt they had
been diligent in locating the home where it would be the least invasive to the
neighbors. He further explained that due to the location of the well, the driveway
nor the home could be moved within the lot. Mr. Hill also stated his lot has over
170 trees and he has retained a consultant to develop a remediation plan and
believes tree damage will be greatly diminished by using common sense and a
qualified arborist.
Councilmember Nakamura asked Mr. Hill if he is adding a well or if it is already in
place and if he will continue to use an arborist. Mr. Hill replied the well was already
on the property and he will continue to use the arborist.
Mayor Newton stated he and City Council are trying to find a solution which is
equitable to all. He sees the first option is to approve the RE zoning with a “notch
out” variance to the setbacks so the entire lot is not impacted. Mayor Newton then
asked Mr. Hill if he had spoken with any of the other neighbors.
Mr. Hill replied he heard the Mayor and Council loud and clear regarding working
with the neighbors and had spoken with Chris Putnam who has withdrawn his
objections, and the other neighbors also agree. Mr. Hill further stated he has
offered to put up a privacy fence and move the house forward, but the Jacobi’s
rejected the offers. Mr. Hill stated he would now like a 10 foot variance on both
side yard setbacks.
Mr. Thompson stated the Jacobi’s do not understand why a variance is necessary
because they see Mr. Hill’s request as a whim and they are concerned for their
trees.
Mayor Newton stated the variances are necessary because the setbacks needed are
not accommodated in straight RE, but would not be needed in straight R-40.
City Council Minutes August 20, 2019
City of Colleyville Page 11
Councilmember Wheat asked Mayor Newton to confirm if Mr. Hill’s first request was
R-40 and met all the conditions, but it was City Council who asked for the RE, and
Mr. Hill agreed with the understanding he would need the variance.
Mayor Newton agreed and asked Mr. Thompson what would be the best solution for
his client, RE zoning with a 3 foot “notch out” variance or the R-40 with a 15 foot
set back with no variance.
There was discussion between the City Council, Mr. Thompson, Mrs. Jacobi, and Mr.
Hill regarding the location of the driveway, trees, and a privacy fence.
Mayor Pro Tem Lindamood gave a recap of the history of the property at 6250 Pool
Road, including when the house was built, a garage added, and the number of
trees removed.
Mrs. Jacobi advised the City Council, they purchased their home after all of the
changes to the lot and home were made.
Councilmember Nakamura asked Mrs. Jacobi why she is unwilling to work with Mr.
Hill. Mrs. Jacobi responded because she believes he will kill her landscape which is
expensive to replace.
Mayor Newton asked Mr. Thompson to advise what would be agreeable to his
clients. Mr. Thompson asked for a recess to confer with Mrs. Jacobi and allow time
for Mrs. Jacobi to call Mr. Jacobi before answering.
Mayor Newton declared a recess at 9:21 p.m. and reconvened at 9:31 p.m.
Mr. Thompson stated his clients would agree to the RE zoning, a live fence buffer,
and a three foot “notch out” variance on the south.
Mr. Hill stated he wanted a 10 foot variance on each side.
Mayor Newton stated this Ordinance is for the zoning, the following resolution will
provide for the variance.
Mayor Pro Tem Lindamood made a motion to approve Ordinance O-19-
2089 approving RE zoning, Councilmember Nakamura seconded the
motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
City Council Minutes August 20, 2019
City of Colleyville Page 12
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-19-4412
Consideration of a resolution supporting a change to the procedure for
voting for candidates to serve on the Tarrant Appraisal District Board of
Directors
Mayor Newton read Resolution R-19-4412 in its entirety.
Mayor Newton stated the purpose of this resolution is to gather support for a more
consistent and equitable process for taxing entities to cast ballots for directors to
serve on the TAD Board.
Mayor Newton opened the public hearing at 10:35 p.m.
Daniel Bennett, 408 Pemberton, White Settlement, spoke regarding the significance
of the resolution being the first small step for smaller cities to promulgate change.
Mr. Bennett noted he ran for the TAD Board in 2017 and saw first-hand the need
for change. As cities adopt this resolution, it will be presented in Austin and a vote
will be taken by the taxing entities in Tarrant County to change the process.
There were no others present wishing to speak and Mayor Newton closed the public
hearing at 10:45 p.m.
Councilmember Dodson made a motion to approve Resolution R-19-4412,
Councilmember Rigney seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
This item was considered following item 7a at 9:38 p.m.
9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
9a Resolution R-19-4402
Request for a variance to certain provisions of Section 3.24.G, Schedule of
District Regulations on Lot 1R2, Block 1, of the Mockingbird Hill Addition,
located at 6260 Pool Road, Case VC19-001
Councilmember Kelley made a motion to remove Resolution R-19-4402
from the table, Councilmember Dodson seconded the motion.
City Council Minutes August 20, 2019
City of Colleyville Page 13
The motion to remove Resolution R-19-4402 from the table was carried by
the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
Mayor Newton read Resolution R-19-4402 in its entirety.
Mayor Newton stated this resolution is the companion to Ordinance O-19-2086,
which was considered by the City Council and stated Section 3 of the resolution
defines the variance should be limited to the structure and not the entire lot.
Mayor Newton stated the City Council cannot control the fence screening.
Mr. Hill stated he will put in a fence with some level of foliage screening to assist in
separating the properties.
Mayor Newton opened the public hearing at 9:53 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 9:53 p.m.
Councilmember Wheat made a motion to approve Resolution R-19-4402,
Councilmember Dodson seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding Ruggeri’s
Restaurant, the designation of Heritage trees, and an Oak tree which has not been
replaced on Cherry Lane.
11. REPORTS
Library Board Minutes - June 10, 2019
There was no discussion of this item.
12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 20,
2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4413
This resolution was not needed.
City Council Minutes August 20, 2019
City of Colleyville Page 14
13. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 10:55 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF SEPTEMBER
2019.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary